Collecting Unpaid Overtime Wages, Even If You Signed a Waiver

Boy is it cold here in Florida! Happy new year to all of you and hope
you are settling back in to work for what we hope will be a good year
for all of you.

I wanted to discuss with you a recent trend we have been seeing with
many clients across the board in all industries. When employers fire
people or during the employment period, employers often offer employees
a severance and make them sign a waiver or release of all claims in
exchange for the payment.

Many clients ask us whether if they sign the waiver/release or accept
the money, they cannot later pursue their claims for overtime
compensation. The answer is YES, you can still pursue your claims for
wages EVEN if you signed the waiver. The FLSA, unlike nearly every other
employment law PREVENTS an employee from waiving their rights to
overtime compensation, EVEN if they sign a private agreement with the
employer. Oftentimes, the employer offers a sum of money that is well
below the amount the employee is actually owed. Therefore, be aware that
even if you sign such a waiver, your rights remain intact. Remember,
however, that your claim for wages under the law is subject to a strict
statute of limitations of two, sometimes three years. So, for each day
that passes without you taking action, that is one day less of wages we
likely can recover.

As the laws vary state by state, what you may read as general
information may not necessarily apply to you. If you have any questions
about your particular situation, please fill out the form on this page
to contact us. Stay warm my friends. Speak to you soon.